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2023 Supreme(Bom) 963
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.V.Gangapurwala, Sandeep V.Marne, JJ.
National Highways Authority Of India – Appellant
Versus
State of Maharashtra – Respondent
Writ Petition No. 9368 of 2021
Decided On : 02-02-2023
Anil Singh, Advocate, Pralhad Paranjape, Advocate, S.D.Shetty, Advocate, Rakesh Singh, Advocate, Heena Shaikh, Advocate, M.V.Kini, Advocate, M.M.Pabale, Advocate, Rui Rodrigues, Advocate, Rohan Kelkar, Advocate, Sheetal Shah, Advocate, Mehta Girdharlal, Advocate, Jaya Bagwe, Advocate
The main legal point established in the judgment is the interpretation of the Coastal Regulation Zone Notification and the emphasis on the principle of sustainable development in balancing environmental protection and developmental activities.
Headnote:
Mangrove Trees - Coastal Regulation Zone - The National Highways Authority of India Act, 1988 - Sec. 3 - CRZ Notification - Summary of the acts and sections referenced and discussed by the court: The court discussed the Coastal Regulation Zone Notification dtd. 6/1/2011 and its provisions, including the classification of CRZ areas, the prohibition of certain activities within CRZ, and the regulations for permissible activities in different CRZ categories. The court also highlighted the principle of sustainable development and its importance in balancing environmental protection and developmental activities. The court's decision was influenced by its interpretation of the CRZ Notification and the principle of sustainable development.
Fact of the Case:
The National Highways Authority of India sought permission to execute the Vadodara Mumbai Expressway project, which involved felling mangrove trees within Coastal Regulation Zone - IA area. The project received clearances from various authorities, but was opposed by the Bombay Environmental Action Group (BEAG) on the grounds of permissibility of development in the CRZ-IA area.
Finding of the Court:
The court found that the petitioner had obtained all requisite permissions for the project and had imposed stringent conditions. The court also noted the importance and need of the project and granted permission for the execution of the project, emphasizing the adherence to the principle of sustainable development.
Issues: The issues involved the permissibility of development in the CRZ-IA area, the felling of mangrove trees, and the diversion of mangrove forest land for the project.
Ratio Decidendi: The court's decision was based on its interpretation of the CRZ Notification and its emphasis on the principle of sustainable development, balancing environmental protection and developmental activities.
Final Decision: The court allowed the petition and granted permission to the National Highways Authority of India to remove/fell mangrove trees and execute the Vadodara Mumbai Expressway project.
JUDGMENT
SANDEEP V.MARNE,J. - Rule. Rule made returnable forthwith. With the consent of the parties, matter is taken up for final hearing at the admission stage.
2. Petitioner - National Highways Authority of India has filed this Petition seeking leave of this Court to execute the project of development of Vadodara Mumbai Expressway (Phase-II Main Alignment) from Km 26+320 to km 104+700 (km 390.864 of NH-8) of Main Expressway (Length 78.118 km). Leave is sought as some portion of the project comes within Coastal Regulation Zone - IA area. The project would affect 2686 number of mangrove trees within proposed Right of Way, out of which 1,001 mangrove trees are located within the construction zone, which are required to be felled. Leave is sought in view of directions of this Court in paragraph 85 of the judgment and order dtd. 17/9/2018 passed by this Court in Public Interest Litigation No. 87 of 2006 in (Bombay Environmental Action Group and Another Vs. State of Maharashtra and others), reported in 2018 DGLS(Bom.) 1479.
3. Petitioner - National Highways Authority of India (NHAI) is constituted under Sec. 3 of The National Highways Authority of India Act, 1988 and has been entrusted with the development, maintenance and management of National Highways and for matters connected therewith or incidental thereto. The Government of India has entrusted to petitioner the project of development of Vadodara Mumbai Expressway, which is a part of Delhi-Mumbai expressway corridor. Petition concerns Phase-II Main Alignment from Km 26+320 to km 104+700 (km 390.864 of NH-8) of Main Expressway (Length 78.118 km) (for short, "the project"). The project of Vadodara Mumbai Expressway is part of the National Highways Development Project ("NHDP") Phase-VI. It is averred by petitioner that the present traffic on NH-48 (old NH-8) is about 94,322 PCUs (2020) and projected traffic is 1,41,533 PCUs in 2030 which would exceed the capacity of present 6 lane highway. Since, widening of NH-48 (old N-8) is not feasible, the Government of India has decided to construct Greenfield Vadodara Mumbai Expressway.
4. The proposed expressway crosses Vaitarana River with Coastal Regulation Zone (CRZ) categories CRZ I, II, III and IV. The Village wise breakup of CRZ Categories as stated in the Petition is as under :
5. Petitioner approached the Maharashtra Coastal Zone Management Authority ("MCZMA") with a proposal for seeking its approval for environmental clearance. MCZMA in its 144th meeting held on 11/6/2020 deliberated the proposal of petitioner and decided to recommend the same to the Ministry of Environment, Forest and Climate Change ("MoEFCC") subject to conditions specified therein. MCZMA accordingly conveyed its recommendations to the Director (IAIII), Coastal Zone Regulation, MoEFCC, vide its letter dtd. 3/9/2020. This is how the project has received clearance from MCZMA.
6. Petitioner simultaneously approached MoEFCC seeking environmental clearance. After considering recommendations of the Expert Appraisal Committee ("EAC") for infrastructure, CRZ and other miscellaneous projects, MoEFCC decided to grant environmental and CRZ clearance for the project subject to various conditions stated therein.
7. As execution of project also envisaged diversion of some portion of protected forest, mangrove private land and mangroves on Government land, reserved forest and private forest land, petitioner sought permission of MoEFCC for such diversion. Vide letter dtd. 26/8/2021, MoEFCC was pleased to grant permission for diversion of 193.1777 ha of forest land subject to various conditions mentioned therein.
8. Petitioner has also obtained various other permissions from the Monitoring Committee of Dahanu Taluka Environment Protection Authority (DTEPA) on 4/3/2021 and Maharashtra Pollution Control Board ("MPCB") on 19/3/2021.
9. On 6/1/2011, MoEFCC published in the Gazette Coastal Regulation Zone Notification ("CRZ Notification") in exercise of powers conferred by Clause (d) and s
